Effective Date: October 1, 2023
These Terms of Use (“Terms”) govern your use of the services, software, and websites (“Service”) provided by Fleet Wage, Inc. (“Fleet Wage,” “we,” “us,” or “our”), including any content, data, or materials made available through the Service. By accessing or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.
If you are using the Service on behalf of an organization, you represent that you are authorized to accept these Terms on its behalf, and “you” refers to that organization.
ARBITRATION NOTICE: By agreeing to these Terms, you agree to resolve disputes through binding arbitration on an individual basis, waiving your right to participate in a class action or class-wide arbitration, unless you opt-out as described below.
1. Your Account and Responsibilities
- Account Creation: You must provide accurate information when creating an account and safeguard your password. Notify us immediately of unauthorized access or use of your account.
- Eligibility: You must be 13 years or older to use the Service. Accounts created by bots or automated methods are not permitted.
- Prohibited Use: You may not use the Service for unlawful purposes or violate any applicable laws or regulations.
- Fees and Payments: For paid accounts, you agree to pay applicable fees. Fees are non-refundable except as required by law or during the 30-day money-back guarantee. Accounts are set to auto-renew unless canceled prior to the renewal date.
2. Use of the Service
- License: We grant you a limited, non-exclusive, revocable license to use the Service for its intended purpose. You may not copy, modify, or distribute the Service or its content without prior permission.
- Restrictions: You must not interfere with the Service, access it via unauthorized methods, or use it to distribute malware, spyware, or other harmful code.
- Third-Party Applications: Integrations with third-party services are at your discretion. Review their policies before enabling integrations.
3. SMS Communications and Notifications
Consent to SMS Notifications:
By providing your mobile phone number during account registration or through other interactions with the Fleet Wage Service, you consent to receive SMS notifications from Fleet Wage. These notifications include, but are not limited to:
- Performance updates
- Wage calculations
- Productivity metrics
- Account-related alerts
Message and Data Rates:
Standard message and data rates may apply, as determined by your mobile carrier.
Opt-Out Instructions:
You may opt out of receiving SMS communications at any time by replying STOP to any message or contacting us at [email protected]. Reply HELP for assistance. Opting out of SMS communications may limit certain features of the Service.
Service-Related Notifications:
Essential notifications related to account security, errors, or discrepancies are integral to the Service and may still be sent even if you opt out of other communications.
Data Privacy:
For information on how we collect, use, and safeguard your information, please refer to our Privacy Policy.
4. Content and Intellectual Property
- Your Content: You retain ownership of any content you submit through the Service. By using the Service, you grant us a license to use your content for operational purposes.
- Fleet Wage Content: All text, graphics, software, and other materials provided by Fleet Wage (“Fleet Wage Content”) are protected by intellectual property laws. You may not reproduce or use Fleet Wage Content without permission.
5. Termination and Changes
- Termination: We may suspend or terminate your account if you violate these Terms or create legal risk for us. Upon termination, your rights to the Service will immediately cease.
- Modifications: We reserve the right to modify these Terms and the Service. Changes will take effect upon notice, and continued use of the Service constitutes acceptance of the updated Terms.
6. Disclaimer of Warranties
The Service is provided “as is” and “as available,” without warranties of any kind. We disclaim all implied warranties, including merchantability and fitness for a particular purpose.
7. Limitation of Liability
To the fullest extent permitted by law, Fleet Wage will not be liable for any indirect, incidental, or consequential damages, including loss of profits or data, arising from your use of the Service.
8. Indemnification
You agree to indemnify and hold harmless Fleet Wage from any claims, liabilities, damages, and expenses arising from your use of the Service or violation of these Terms.
9. Arbitration Agreement
- Agreement to Arbitrate: Disputes will be resolved through binding arbitration under the rules of the American Arbitration Association, except for claims related to intellectual property.
- Class Action Waiver: You waive your right to participate in class action lawsuits or class-wide arbitration.
- Opt-Out: You may opt-out of this arbitration agreement within 30 days of accepting these Terms by contacting us at [email protected].
10. Governing Law and Venue
These Terms are governed by the laws of the State of Florida, excluding conflict of law principles. Any disputes not subject to arbitration will be resolved exclusively in the courts of Miami-Dade County, Florida.
11. General Provisions
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect.
- Entire Agreement: These Terms constitute the entire agreement between you and Fleet Wage regarding the Service.
- Assignment: You may not assign these Terms without our prior written consent.
12. Contact Information
If you have questions about these Terms, please contact us:
- Email: [email protected]
- Address:
Fleet Wage, Inc.
1010 S Federal Hwy, Suite 1400
Aventura, FL 33009
This version explicitly incorporates SMS communication compliance to meet A2P requirements, addressing consent, opt-out instructions, and message disclosure. Let me know if you need further refinements!